Press Releases

Congressman Louie Gohmert Praises Amicus Brief Filed with U.S. Supreme Court

Addresses Illegality of ‘Revenue Raising’ Obamacare Having Originated in Senate

Rep. Louie Gohmert (TX-01) participated in a press conference at the U.S. Capitol today with Congressmen Trent Franks (AZ), Rob Bishop (UT) and various other Members of Congress to show support for an amicus curiae brief filed with the Supreme Court in Sissel v. HHS.

He released the following statement regarding the amicus brief, backed and filed by 43 Members of Congress that seeks to overturn Obamacare on the grounds that the law violates the Constitution’s Origination Clause:

“The Affordable Care Act is an absolute train wreck. Simply put – it’s a governmental healthcare overhaul that places countless restrictions on patients and burdens families with sky-high, crushing premiums. This overbearing legislation unconstitutionally was first written and passed in the Senate which the U.S. Supreme Court found included a huge tax on both individuals and businesses. The Senate stripped the title and every single word out of a very short House bill having to do mainly with Veterans purchasing their first home and getting a tax credit, then substituted in the massive bill of over two thousand pages. The Constitution makes very clear that all bills that raise revenue ‘shall originate in the House of Representatives…’ It is not enough that the bill number arose in the House. The bill the Senate inserts would at least have to be germane to the original bill. In the case of the “Affordable Care Act” or Obamacare, it was not. That is why we have participated in the process as friends of the Court.”

“It is encouraging to see so many Members of Congress step forward to participate in the filing of this amicus brief in the U.S. Supreme Court. This is a critical step forward to dismantling President Obama’s destructive healthcare legislation.”

“Not only was this egregious bill that deprived people of the insurance policies they liked and the doctor they liked, but its very passage violated the Constitutional requirement that it “originate” in the House.  Americans should also have the right to control their healthcare choices and providers, which is why the majority of Americans opposed this bureaucratic monstrosity both at inception and now. The Washington cartel should never be allowed to trample on our rights. Hopefully this time, the Supreme Court will not engage in untoward mental gymnastics and continue to abandon the clear language of the Constitutional requirements.”

The brief traces the historical foundation of the Origination Clause, demonstrating that the chamber closest to the people and elected every two years has the sole power to originate a bill that raises revenue. The Origination Clause is found in Article 1, Section 7 of the U.S. Constitution, and requires that “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills." Obamacare, which was upheld by the U.S. Supreme Court on the grounds that it was a tax (aka a "Bill for raising Revenue") instead originated in the Senate while the only thing that case from the House was a bill number.

View the amicus brief here.

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